Have you been charged with a DUI in Virginia?

Are you concerned about the consequences of being charged with a DUI in Virginia?

For a lot of our clients, a charge of a DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of a DUI in Virginia.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Peter v. Commonwealth

Facts:

The trial court of Harrisonburg (Virginia), after the presentation of all evidence and without the agreement of the parties or the request of either, sua sponte reduced the charge of driving under the influence (DUI) warrant to reckless driving and convicted defendant. Defendant appealed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Reckless driving is not a lesser included offense of driving under the influence. It is instead a separate and distinct crime.

The authority of a district court to amend warrants or place new charges is contained in Va. Code Ann. § 16.1-129.2. A district court may amend a warrant to correct defects or faults it finds in the form of the document or to charge a lesser included offense. However, an amendment to a warrant cannot change the nature and character of the offense originally charged. If a district court believes that a different offense should be charged other than the one contained in the warrant, it may, pursuant to Va. Code Ann. § 16.1-129.2, issue under its own hand a warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him.

If you have been charged with a criminal offense of a DUI in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.